Te Ture Whenua Maori Act 1993
Maori Land Act 1993

43 Rehearings

(1)

Subject to subsection (2), on an application made in accordance with the rules of court by any person interested in any matter in respect of which the court has made an order, the Judge by whom the order was made or any other Judge may order a rehearing upon such terms as the Judge thinks reasonable, and in the meantime may stay the proceedings.

(2)

A rehearing under this section shall not be granted on an application made more than 28 days after the order, unless the Judge is satisfied that the application could not reasonably have been made sooner.

(3)

An application under this section shall not operate as a stay of proceedings unless the Judge so orders.

(4)

The rehearing need not take place before the Judge by whom the proceedings were originally heard.

(5)

On any rehearing, the court may affirm its former determination, or may vary or annul that determination, and may exercise any jurisdiction that it could have exercised on the original hearing.

(6)

When a rehearing has been granted, the period allowed for an appeal to the Maori Appellate Court shall not commence to run until the rehearing has been disposed of by a final order of the court.

(7)

[Repealed]

Compare: SR 1948/197 r 230(1), (3), (8); 1953 No 94 s 28; 1961 No 129 s 4; 1974 No 73 s 46

Section 43(1): amended, on 17 January 2005, by section 103(1) of the Foreshore and Seabed Act 2004 (2004 No 93).

Section 43(7): repealed, on 1 April 2011, by section 128 of the Marine and Coastal Area (Takutai Moana) Act 2011 (2011 No 3).